Illinois General Assembly - Full Text of HB0830
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Full Text of HB0830  98th General Assembly



HB0830 EnrolledLRB098 03660 RLC 33676 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-9-3 as follows:
6    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
7    Sec. 5-9-3. Default.
8    (a) An offender who defaults in the payment of a fine or
9any installment of that fine may be held in contempt and
10imprisoned for nonpayment. The court may issue a summons for
11his appearance or a warrant of arrest.
12    (b) Unless the offender shows that his default was not due
13to his intentional refusal to pay, or not due to a failure on
14his part to make a good faith effort to pay, the court may
15order the offender imprisoned for a term not to exceed 6 months
16if the fine was for a felony, or 30 days if the fine was for a
17misdemeanor, a petty offense or a business offense. Payment of
18the fine at any time will entitle the offender to be released,
19but imprisonment under this Section shall not satisfy the
20payment of the fine.
21    (c) If it appears that the default in the payment of a fine
22is not intentional under paragraph (b) of this Section, the
23court may enter an order allowing the offender additional time



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1for payment, reducing the amount of the fine or of each
2installment, or revoking the fine or the unpaid portion.
3    (d) When a fine is imposed on a corporation or
4unincorporated organization or association, it is the duty of
5the person or persons authorized to make disbursement of
6assets, and their superiors, to pay the fine from assets of the
7corporation or unincorporated organization or association. The
8failure of such persons to do so shall render them subject to
9proceedings under paragraphs (a) and (b) of this Section.
10    (e) A default in the payment of a fine, fee, cost, order of
11restitution, judgment of bond forfeiture, judgment order of
12forfeiture, or any installment thereof may be collected by any
13and all means authorized for the collection of money judgments.
14The State's Attorney of the county in which the fine, fee,
15cost, order of restitution, judgment of bond forfeiture, or
16judgment order of forfeiture was imposed may retain attorneys
17and private collection agents for the purpose of collecting any
18default in payment of any fine, fee, cost, order of
19restitution, judgment of bond forfeiture, judgment order of
20forfeiture, or installment thereof. An additional fee of 30% of
21the delinquent amount and each taxable court cost including,
22without limitation, costs of service of process, shall is to be
23charged to the offender for any amount of the fine, fee, cost,
24restitution, or judgment of bond forfeiture or installment of
25the fine, fee, cost, restitution, or judgment of bond
26forfeiture that remains unpaid after the time fixed for payment



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1of the fine, fee, cost, restitution, or judgment of bond
2forfeiture by the court. The additional fee shall be payable to
3the State's Attorney in order to compensate the State's
4Attorney for costs incurred in collecting the delinquent
5amount. The State's Attorney may enter into agreements
6assigning any portion of the fee to the retained attorneys or
7the private collection agent retained by the State's Attorney.
8Any agreement between the State's Attorney and the retained
9attorneys or collection agents shall require the approval of
10the Circuit Clerk of that county. A default in payment of a
11fine, fee, cost, restitution, or judgment of bond forfeiture
12shall draw interest at the rate of 9% per annum.
13(Source: P.A. 95-514, eff. 1-1-08; 95-606, eff. 6-1-08; 95-876,
14eff. 8-21-08.)